Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for service connection for a back disability and an increased rating for varicose veins of the left lower extremity.,There is no evidence showing that the current back disability or varicose veins were incurred in or aggravated by service.

The Board has determined that the evidence is at least evenly balanced as to whether the Veteran's low back disability is related to service, and thus grants service connection for a low back disability.

The Veteran's claim for a higher rating for his degenerative arthritis of the lumbar spine was denied by the Board, as the evidence did not show forward flexion greater than 30 degrees but not greater than 60 degrees.

The Veteran's claims for higher ratings for lumbar IVDS and entitlement to a TDIU due to service-connected lumbar IVDS are being remanded for additional development.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his active service, and thus service connection for this condition is granted.

The Board has determined that the Veteran's current disabilities, including lower back strain, bilateral knee and ankle disorders, are not related to service or any injury sustained therein.

The Veteran's service-connected disabilities, including lumbar myositis with painful motion, cervical and upper back myositis, irritable bowel syndrome, left and right C8-T1 radiculopathy, a left varicocelectomy scar, allergic rhinitis, and left and right L5-S1 radiculopathy, preclude the Veteran from securing or following gainful employment.

The Veteran's claims for increased ratings of his low back disorder and left knee osteoarthritis were denied, while the claim for service connection for a fractured left fibula was not granted.

The Board denied the Veteran's claims for increased ratings for his back disorder and left ear hearing loss, finding that he did not meet the criteria for a higher rating based on functional limitations or additional disability due to pain.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected herniated disc of the lumbar spine, currently rated at 10 percent. The Veteran also requested that he be allowed to reopen claims for PTSD and elbow conditions secondary to his back condition.

The Veteran's low back disorder (scoliosis) and cognitive disorder (dementia) are granted service connection. His neurasthenia with mood disorder is granted a 100% rating, which includes his dementia. He is also granted special monthly compensation for the need for aid and attendance.

The Veteran's service-connected lumbar spine DDD and DJD, along with associated radiculopathy of the left lower extremity, has been granted higher ratings. The right lower extremity radiculopathy was also granted service connection.

The Veteran's neck disability is not service-connected as secondary to his lumbosacral strain. The Board also found that a separate rating for right lower extremity radiculopathy of the sciatic nerve associated with his lumbosacral strain prior to June 18, 2013 is not warranted.

The Veteran's right knee instability and degenerative disc disease have been granted a disability rating of 20 percent, effective from September 21, 2016. The Veteran previously had a lower rating for his right knee instability.

The Board has granted service connection for a gastrointestinal/esophageal disability, but denied it as secondary to PTSD. The Veteran's TDIU claim is granted based on his combined rating of 70 percent and the severity of his disabilities. A new VA examination is needed for the low back disability.

The Board has reopened the Veteran's claim for service connection for degenerative disc disease of the lumbar spine and lumbosacral strain due to new evidence submitted since the May 1979 RO decision. The cervical spine disability is denied as it cannot be distinguished from PTSD, which precludes separate evaluations. Service connection for hypertension is denied as there was no service connection established. The Veteran's TBI is rated at 100% disabling concurrently with his PTSD.

The Board denied the Veteran's claims for service connection for stiffness of the hips and knees, a low back disability, increased evaluations for trench foot disabilities, and an increased evaluation for chronic cough. The Board found that there was no evidence linking these conditions to service or any presumptive exposure.

The Veteran's service-connected low back disability is rated at 20 percent, effective November 16, 2005. The Board granted a higher initial rating from 20 to 40 percent.

The Board has remanded the cases for further development and readjudication due to their inextricability with other pending schedular claims.

The Veteran's service-connected disabilities, including mood disorder, right femur/knee condition, left hip condition, back condition, and left knee condition, have rendered him unable to secure or follow a substantially gainful occupation as of July 1, 2007.